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EDAL case summaries

Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, Refugee Status, Terrorism

The applicant’s asylum claim has been rejected on the grounds of Article 1F(c) of the 1951 Refugee Convention. The act he committed would amount to being contrary to the purposes and principles of the UN. However, the Council of State hereby decided that in failing to seek and qualify the severity of this act in the light of its effects internationally, the lower court made an error of law.

The applicant, who had deserted the Syrian army, was seen in isolation covered by the Danish Aliens Act Art. 7 (1) [refugee status]. However, the Board found serious reasons to assume that the applicant had committed a crime against humanity and war crimes during his military service and consequently he was excluded from protection. Nevertheless, the Danish Aliens Act Art. 31, (2) is an obstacle to his expulsion as he would risk persecution covered by the Danish Aliens Act Art. 7 (1) in the case of returning to Syria.

An Applicant who has been convicted of a serious crime is excluded from the right to claim protection. A life sentence with an undeterminable term does not constitute a temporary obstruction to deportation and therefore an Applicant cannot claim obstruction as grounds for leave to remain. Further, a family connection which has been examined by a criminal court as part of a final judgment cannot be re-examined as part of an asylum application.

Keywords: Assessment of facts and circumstances, Cessation of protection, Country of former habitual residence, Country of origin, Country of origin information, Dependant (Dependent person), Exclusion from protection, First country of asylum, Individual assessment, Manifestly unfounded application, Protection, Refugee Status, Return, Safe country of origin, Well-founded fear

The appellant sought to have the decision of the Secretary General of the Ministry of Public Order annulled, under which her previous application for her and her son to be recognised as refugees had been rejected. The Hellenic Council of State rejected the current appeal, due to the fact that the appellant had invoked financial reasons for leaving Syria and as such, had no legal basis to be recognised as a refugee.

In the case of a Palestinian stateless asylum-seeker from Lebanon, the Court found the objection of the OIN (that was otherwise unverified by documents and based on which the decision to reject was made) to be unfounded, and recognised the Applicant as refugee. The Court emphasized that any procedure where the contents of the objection concerning a matter of national security are not subject to review, is arbitrary and seriously contradicts the principles of the rule of law as it makes the right to an effective remedy meaningless.

Keywords: Acts contrary to the purposes and principles of the UN, Exclusion from protection, First country of asylum, Protection, Refugee Status, Safe third country, Serious non-political crime, Terrorism

1. The issue as to whether an asylum-seeker was already protected against political persecution in a third country is only relevant in terms of the asylum application for recognition of refugee status in the context of the concept of the first country of asylum as defined in EU law in Article 29 of the Asylum Procedures Act (Articles 25 and 26 of the Asylum Procedures Directive).

2. If the Federal Office has reached a decision on the asylum application in this case, the substantive question of the subsidiarity of refugee protection in the assessment of refugee status is...

This case concerned exclusion from refugee status on the basis of a war crime and a serious non-political crime.

A Chechen who was involved in the Second Chechen War - outside of the general combat action - in the killing and wounding of Russian soldiers and the kidnapping of a Russian officer to force the release of another Chechen is at risk of being exposed to torture or at least inhuman or degrading treatment or punishment in the Russian Federation.

Application for annulment of a decision by the Minister of Public Order.

This case concerned special protection status in accordance with the 1951 Refugee Convention andexclusion from protection of those who have committed a serious crime under “common law”. The crime committed by the applicant (attempted murder of the Indian Ambassador in Romania) does not fall within the concepts of “political”, “composite” or “related” crimes, even if it was carried out because of the offender's political opinions or principles, or with the intent of achieving such aims. The implementation of the...

The General Secretary of the Ministry of Public Order, having had an application for asylum referred back to it, considered whether the submitted evidence was “new and crucial”. If so, an ab initio examination of the application would be ordered. Failure to give notification of an act does not affect its validity, but only the start of the deadline for submitting an application for its annulment. The copy of the Turkish Government Gazette which promulgated the decision regarding withdrawal of the Applicant's nationality, was new and crucial evidence. There was no justification...

This case concerned the exclusion from refugee status of a former Baath party member. The fact that the applicant had previously held a position in the Iraqi military, was one of the Defence Minister's advisers and one of Saddam Hussein's closest men, was, on the evidence before the Court, considered insufficient to meet the requirements for exclusion from refugee status.